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Under the postal rule, when is acceptance considered valid?
Under the postal rule, when is acceptance considered valid?
What must occur for revocation of acceptance to be valid against the acceptor?
What must occur for revocation of acceptance to be valid against the acceptor?
When does the revocation of acceptance become effective against the proposer?
When does the revocation of acceptance become effective against the proposer?
In the given scenario, when did the acceptor's letter of acceptance become valid?
In the given scenario, when did the acceptor's letter of acceptance become valid?
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What is indicated by instantaneous communication in the context of acceptances?
What is indicated by instantaneous communication in the context of acceptances?
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When is the communication of acceptance considered complete for the offeror?
When is the communication of acceptance considered complete for the offeror?
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What condition allows the offeror to revoke an acceptance?
What condition allows the offeror to revoke an acceptance?
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For the acceptor, when is the communication of acceptance considered complete?
For the acceptor, when is the communication of acceptance considered complete?
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What is the main implication of the Postal Rule regarding acceptance communication?
What is the main implication of the Postal Rule regarding acceptance communication?
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Which of the following statements is true regarding revocation of an offer?
Which of the following statements is true regarding revocation of an offer?
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When is a proposal considered revoked under section 5(1)?
When is a proposal considered revoked under section 5(1)?
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What does section 4(2)(a) state regarding the communication of acceptance?
What does section 4(2)(a) state regarding the communication of acceptance?
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Which of the following is true about instantaneous communication?
Which of the following is true about instantaneous communication?
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According to the postal rule in section 4(2), when is communication of acceptance complete?
According to the postal rule in section 4(2), when is communication of acceptance complete?
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What must occur for an offer to be revoked legally?
What must occur for an offer to be revoked legally?
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In what case does section 5(1) become applicable?
In what case does section 5(1) become applicable?
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What happens if the acceptor does not post the acceptance yet?
What happens if the acceptor does not post the acceptance yet?
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According to the content, when is the communication of revocation of an offer considered complete?
According to the content, when is the communication of revocation of an offer considered complete?
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Study Notes
Revocation of Acceptance
- Acceptance can be revoked at any time before the communication of its acceptance is complete, but not afterward.
- Communication of acceptance is complete when the offeror receives the acceptance.
- If an offeror has not received the acceptance, he can revoke the offer.
When Acceptance is Complete
- When the acceptor receives the acceptance (in the case of revocation)
- When revocation is valid
- S.4(3)(a), s.4(3)(b)
Revocation of Offer
- A proposal can be revoked at any time before the communication of acceptance is complete against the proposer.
- Communication of acceptance is complete when put into a course of transmission to the proposer.
- This is out of the power of the acceptor
- A proposal can be revoked at any time before the letter of acceptance is sent.
- Postal rule states that communication of acceptance is complete when the letter is posted.
Instantaneous Communication
- Postal rule still applies, but not s.4(2) .
- Acceptance is complete when heard by the proposer regarding instantaneous communication.
- No distinction between when it is complete against the proposer or acceptor.
Case Study: Byrne & Co v Leon Van Tienhoven
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Oct 1: D posts a letter of offer.
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Takes 10-11 days to arrive.
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Oct 8: D posts a letter of revocation.
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Oct 11: P telegraphs acceptance.
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Oct 20: P receives the letter of revocation of offer.
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Question: When was the revocation of offer valid? YES
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Question: When was the contract binding on D?
Revocation of Acceptance
- How: Act or omission, per s.3
- When: Per s.5(2)
- In line with s.4(2)(b)
- Valid when revocation is valid according to s.4 (3)(a) & s.4(3)(b)
Illustrations
- B accepts A's proposal by a letter sent by post.
- Communication of acceptance is complete against A when the letter is posted.
- A revokes proposal by telegram.
- Revocation is complete against A when dispatched and against B when received.
- B revokes acceptance by telegram.
- Revocation is complete against B when telegram dispatched and against A when it reaches him.
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Description
Explore the intricacies of acceptance and revocation in contract law. This quiz covers key concepts such as when acceptance is complete, the effects of instantaneous communication, and the postal rule in revocation of proposals. Test your understanding of these legal principles!